Oheneba (Kwame) Gyamfi, No. 10-1093 (4th Cir. 2010)
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UNPUBLISHED UNITED STATES COURT OF APPEALS FOR THE FOURTH CIRCUIT ______________ No. 10-1093 _____________ In Re: KWAME GYAMFI, Petitioner. _____________ On Petition for Writ of Mandamus. _____________ Submitted: January 21, 2010 Decided: _____________ January 22, 2010 Before NIEMEYER, GREGORY, and AGEE, Circuit Judges. _____________ Petition denied by unpublished per curiam opinion. _____________ Kwame Gyamfi, Petitioner Pro Se. _____________ Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Kwame Gyamfi petitions for writ of mandamus pursuant to the Crime Victims asserts that Rights he is Act, 18 entitled U.S.C. to § 3771 mandamus ( CVRA ). relief He because the district court denied his motion for default judgment on his complaint seeking government for an civil damages alleged from violation of the his Taxpayer Bill of Rights, 26 U.S.C. § 7433. United rights States under the Petitioner asserts that Internal Revenue Service employees have violated numerous criminal statutes in connection with collection of taxes owed by him and in defending the civil suit he filed below. Petitioner s request for mandamus relief is denied. We note that Gyamfi did not first assert the rights described in § 3771(a) of the CVRA in the district court as required by § 3771(d)(3). Section 3771(d)(3) provides that a movant may petition the court of appeals for a writ of mandamus only where the district court has denied the relief sought by motion asserting a victim s right. In any event, protections of proceedings which § 3771(d)(3). 18 petitioner U.S.C. were § was 3771 civil in not in entitled his nature. to district See 18 the court U.S.C. The CVRA was designed to protect victims and guarantee them some involvement in the criminal justice process. The rights codified by the CVRA, however, are limited to the 2 criminal justice process; the Act is therefore silent unconcerned with victims rights to file civil claims. States v. Moussaoui, 483 F.3d 220, 234-35 (4th and United Cir. 2007) to these (citation omitted). Finding no application of 18 U.S.C. § 3771 proceedings, we deny the petition. PETITION DENIED 3
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